Articles

Hittinger Coauthors "Antitrust Plaintiffs' Use of Federal Rule of Evidence 803(3) to Prove Causation and Damages: Revisiting Callahan and Stelwagon" for Bloomberg BNA

Articles / February 8, 2010

Carl Hittinger co-authored with the Honorable Louis C. Bechtle an article for Bloomberg BNA, entitled "Antitrust Plaintiffs' Use of Federal Rule of Evidence 803(3) to Prove Causation and Damages: Revisiting Callahan and Stelwagon." The piece outlines the use of evidence in civil pleadings, discussing the differences between guidelines established by Twombly and Iqbal with those set by Callahan and Stelwagon, which allow plaintiffs to meet the burden of proof necessary more readily, "but also provide opportunities for defendants to successfully challenge plaintiffs' evidence."

Hittinger outlines both Callahan and Stelwagon, summarizing their impact on future cases. He concludes by stating that the Third Circuit has not yet revisited the provisions set forth in Callahan and Stelwagon, though they set a precedent that plaintiffs must prove amount of damages and defeat evidence of plausible alternative explanations of loss or of defendants' behaviors in order to survive reversal.

The article was also published in The Legal Intelligencer on December 7, 2009.

Related Services

Blog

In The Blogs

Previous Next
Antitrust Advocate
Franchise No-Poach Agreements: Is Reform on The Horizon?
By Tyson Y. Herrold
January 6, 2021
In 2016, the Department of Justice (DOJ) and the Federal Trade Commission (FTC) issued Joint Guidance for Human Resource Professionals warning that no-poach agreements restricting employee hiring may violate the antitrust laws.[1] That...
Read More ->
Antitrust Advocate
Webinar: Antitrust Issues in the Food Industry During the Pandemic
September 10, 2020
Wednesday, September 23, 2020 | 2:00 p.m. – 3:00 p.m. EDT | Register Now You’re invited to join BakerHostetler’s Antitrust and Competition team for a discussion of antitrust issues in the food industry amid the current pandemic. This...
Read More ->
Antitrust Advocate
NCAA, COVID and Paying Players: Negotiating Payment in the Midst of a Pandemic
September 10, 2020
In May, three judges on the U.S. Court of Appeals for the Ninth Circuit ruled unanimously against the NCAA in its appeal of the lower court decision, finding that the organization’s policies that prohibit student-athletes from being...
Read More ->
Antitrust Advocate
Big Day for Big Tech: CEOs Testify in House Antitrust Hearing
By Joshua J. Jowdy, Ann M. O'Brien
August 4, 2020
On Wednesday, July 29, 2020, the House Judiciary Committee’s Subcommittee on Antitrust conducted its sixth hearing into online platforms and market power, welcoming as witnesses the chief executive officers of Amazon, Apple, Google, and...
Read More ->
Antitrust Advocate
DOJ Takes a Stance on Section 230 Reform that Could Place Additional Burdens on Online Platforms
By Linda A. Goldstein, Ann M. O'Brien
July 24, 2020
The Department of Justice (DOJ) recently outlined proposed reforms to Section 230 of the Communications Decency Act of 1996.[1] Section 230 has been in place since the early days of the Internet and protects online platforms from liability...
Read More ->